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  1. #1
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    Caron E. Montgomery - Ohio


    From left, Tia Hendricks, 31; daughter, Tahlia Hendricks, 10; and son, Tyron Hendricks, 2






    Thanksgiving Day Stabbing Suspect Faces Death Penalty

    The suspect in the stabbing deaths of three people on Thanksgiving day is facing the death penalty.

    According to Franklin County Prosecutor Ron O’Brien, a grand jury returned a 6 count indictment against 36-year-old Caron Montgomery.

    Montgomery is accused in the deaths of 31-year-old Tia Hendricks, their 2-year-old son Tyron, and Hendrick’s 10-year-old daughter Tahlia.

    Montgomery was indicted on 1 unclassified count of murder, 1 count of domestic violence, and 4 unclassified counts of aggravated murder with specification.

    If convicted, Montgomery faces the death penalty.

    Arraignment in this case is set for Friday, January 14.

    http://www2.nbc4i.com/news/2011/jan/...ena-ar-358852/

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    No Bond For Man Accused In Triple Stabbing

    A man charged in the fatal stabbing of his girlfriend and two young children was ordered to be held without bond on Friday.

    Caron Montgomery faces charges including murder, aggravated murder and domestic violence, 10TV News reported.

    He is accused of stabbing Tia Hendricks and her two children to death inside their north side apartment on Thanksgiving Day.

    Hendricks' daughter Tahlia, 10, and the couple's 2-year-old son Tyron, were both fatally stabbed. The three were discovered on Nov. 26 after they did not show up to Thanksgiving dinner at a family member's house.

    Montgomery, 36, faces the death penalty if convicted, 10TV's Danielle Elias reported.

    Several of Hendricks' family and friends were in court, Elias reported.

    "To me, it's the same dry face that he's always had since I've ever known him," said Hendricks' aunt, Anita Hayes. "No remorse at all shown. He couldn't even look up at the family."

    Prosecutors have said they believe Montgomery stabbed the 10-year-old girl to prevent her from testifying.

    Hayes said the family supports the prosecutor seeking the death penalty.

    "They died so why should he live?" Hayes said.

    Montgomery was ordered to be held in the Franklin County Jail. A trial date has not been set.

    Previous Stories:
    January 11, 2011: Man Faces Death Penalty In Stabbing Of Girlfriend, 2 Children
    December 2, 2010: Vigil Remembers Mother, 2 Children Who Were Stabbed To Death
    November 30, 2010: Woman's 911 Call Couldn't Be Traced Before Stabbing
    November 29, 2010: No Details Yet On What Prompted Fatal Stabbings
    November 27, 2010: Man Charged In Fatal Stabbing Of Woman, 2 Children
    November 26, 2010: Woman, 2 Children Found Stabbed To Death Inside Apartment




    http://www.10tv.com/live/content/loc...s.html?sid=102

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    Triple murder now a death penalty case

    A man accused of the stabbing death of a woman and her two children Thanksgiving Day stood and heard the six-count death penalty indictment at his arraignment hearing Friday, Jan. 14.

    Caron Montgomery, 36, entered a not-guilt plea through his public defender, Mary Yunger, before Franklin County Common Pleas Judge Michael Holbrook.

    The Franklin County Grand Jury returned a death penalty indictment against Montgomery Jan. 11, according to information from the Franklin County Prosecuting Attorney's office.

    "On Jan. 11, proper notice of the death penalty indictment was sent to the Ohio Supreme Court," Holbrook said.

    Montgomery was indicted for one unclassified count of murder, one fourth-degree felony count domestic violence and four unclassified counts of aggravated murder.

    Montgomery, formerly of Broadmeadows Boulevard in north Columbus, allegedly stabbed to death Tia Hendricks, 31, her daughter, 10-year-old Tahlia Hendricks and their 2-year-old son, Tyron Hendricks-Montgomery, Nov. 25, Franklin County Prosecuting Attorney Ron O'Brien said.

    The three were found by Columbus police Nov. 26. Montgomery also was found with knife wounds, and was transported to Riverside Methodist Hospital.

    It later was discovered Montgomery's stab wounds were self-inflicted, police said, and they placed him under arrest Nov. 27.

    He was arraigned on murder charges charges Nov. 29 before Franklin County Municipal Court Judge Anne Taylor, who issued a $2 million combination cash and surety bond, according to the clerk of courts office.

    Montgomery will remain in the Franklin County Jail.

    "We will pass on bond," Yunger said.

    Four counts of aggravated murder were filed because, according to the indictment, the Grand Jury found that:

    * The killing was purposeful, involving two or more persons;

    *The killing was done with prior calculation and design; and

    *Two victims were under 10 years old, and under 13 years old.

    Common Pleas Court Judge Guy Reece has been assigned to conduct Montgomery's trial, as well as to appoint legal counsel to represent him, Holbrook said.

    No trial date has been set, said Christy McCreary, public information officer with the Franklin County Prosecutor's Office.

    http://www.columbuslocalnews.com/art...4_1225pm_2.txt

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    Man pleads guilty in killing of girlfriend, kids

    A Columbus police homicide detective wiped away tears yesterday as he testified about autopsy photos of a 10-year-old girl who was stabbed to death, along with her mother and 2-year-old brother, in a North Side apartment on Thanksgiving Day 2010.

    A three-judge panel is to announce today whether the man responsible for the crimes is subject to the death penalty.

    Caron E. Montgomery, 37, pleaded guilty yesterday in the slayings of his live-in girlfriend, Tia Hendricks, 31; their 2-year-old son, Tyron Hendricks; and her 10-year-old daughter, Tahlia Hendricks, in their apartment on Broad Meadows Boulevard.

    Franklin County prosecutors then presented evidence aimed at convincing three Common Pleas judges that they should consider the death penalty in sentencing him.

    Homicide detective Dana Croom, the lead investigator, testified during the entire hearing. The 24-year police veteran choked up when Assistant County Prosecutor Jennifer Rausch handed him photographs of what he described as the “defensive wounds” on Tahlia’s hands and arms.

    Common Pleas Judges Guy Reece, Pat Sheeran and Richard S. Sheward plan to announce at 9 a.m. today whether they agree with prosecutors that death-penalty specifications apply. If they do, the judges will hold a separate hearing, beginning this morning, to allow the defense to present mitigating factors that could lead to a sentence of life in prison. A unanimous decision by the three judges is required to impose the death penalty.

    The bodies were discovered on Nov. 26, 2010, one day after Tia Hendricks placed a 911 call with her cellphone during which she shouted “Caron!” before the phone cut off. The call came at 7:02 a.m. on Thanksgiving Day, less than four hours after she had returned home from spending the night with another man, Croom testified.

    Autopsies determined that all three people died because their throats were slashed. Tia Hendricks had 46 stab and cutting wounds, and Tahlia had 14, Croom said. Tyron’s only wounds were on his throat.

    The judges overruled objections to showing the crime scene and autopsy photos from defense attorney J. Scott Weisman, who said they were meant to inflame the judges and were unnecessary in establishing the death-penalty specifications.

    The indictment says Montgomery qualifies for a death sentence because the crimes involved the purposeful killing of two or more people; they were committed with “prior calculation and design” or to avoid detection; and two of the victims were younger than 13 years old.

    http://www.dispatch.com/content/stor...iend-kids.html
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    Killer of 3 eligible for death penalty, judges rule

    A three-judge panel said this morning that Caron E. Montgomery, 37, could receive the death penalty for the slayings of his girlfriend and her two children on Thanksgiving Day in 2010.

    Now Montgomery’s lawyers will try to convince the judges that mitigating factors should be considered so that he not be put to death and instead be sentenced to life in prison.

    Franklin County Common Pleas Judges Guy Reece, Pat Sheeran and Richard S. Sheward found that Montgomery purposely caused the death of two or more people, killed two people under age 13, and committed the crimes to avoid detection, all of which are death-penalty qualifiers in Ohio.

    Montgomery pleaded guilty yesterday to the stabbing deaths of Tia Hendricks, 31; their 2-year-old son, Tyron Hendricks; and her 10-year-old daughter, Tahlia Hendricks.

    Their bodies were found on Nov. 26, 2010, the day after they were killed in their apartment on Broad Meadows Boulevard on the North Side.

    A unanimous decision by the three judges is required to impose the death penalty.

    http://www.dispatch.com/content/stor...h-penalty.html
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    Judges consider death penalty for man who admitted to killing girlfriend, 2 children

    Three Franklin County Common Pleas judges began deliberating the fate of Caron E. Montgomery this morning after hearing closing arguments from the prosecution and defense about whether he should be sentenced to death or life in prison.

    Judge Guy Reece said the panel will deliberate most of the day and may not announce a decision until Tuesday morning.

    A unanimous decision is necessary to impose the death penalty for Montgomery, 37, who pleaded guilty to fatally stabbing his former girlfriend, Tia Hendricks; their 2-year-old son, Tyron Hendricks; and her 10-year-old daughter, Tahlia Hendricks, on Thanksgiving Day in 2010.

    The judges ruled last week that Montgomery is eligible for the death penalty because he purposely killed two or more people, including two victims under the age of 13, and killed the 10-year-old to escape detection.

    The defense presented mitigating evidence on Tuesday to persuade the judges that they should impose a life sentence.

    In her closing argument, defense attorney Isabella Dixon said that Montgomery suffered traumas throughout his childhood, beginning when he was raped at age 4. She said he had no positive role models, was raised by a crack-addicted, negligent mother, and was dumped on a Children Services’ system that failed him.

    Assistant Prosecutor Jennifer Rausch told the judges that the aggravating circumstances were “ overwhelming” and far outweighed any mitigating factors.

    “Death is the only appropriate penalty in this case,” she said.

    http://www.dispatch.com/content/stor...h-penalty.html
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    Judges sentence killer of 3 to death

    For the fatal stabbings of three people, including his own son, Caron E. Montgomery was sentenced to death by a panel of three Franklin County judges this afternoon.

    Montgomery, 37, could have been sentenced to life in prison. A unanimous decision was necessary to impose the death penalty.

    Common Pleas Judges Guy Reece, Pat Sheeran and Richard S. Sheward began deliberating his fate yesterday afternoon after hearing closing arguments from both sides.

    The judges ruled last week that Montgomery was subject to the death penalty because he purposely killed two or more people, including two victims under the age of 13, and killed one of the children to escape detection.

    Montgomery’s defense attorney told the judges that he should be spared the death sentence because his mother and the system failed him.

    But prosecutors said the aggravating circumstances of the crimes far outweighed any mitigating factors.

    Montgomery pleaded guilty last week to the stabbing deaths of his former girlfriend, Tia Hendricks; their 2-year-old son, Tyron Hendricks; and her 10-year-old daughter, Tahlia Hendricks. They were killed on Thanksgiving Day in 2010.

    Members of Tia Hendricks’ family told The Dispatch that she had broken up with Montgomery, who was convicted of domestic violence against her in 2009, but allowed him to stay in her apartment on Broad Meadows Boulevard on the North Side. That’s where the bodies were found.

    A death sentence was last imposed in Franklin County in 2003, when James T. Conway III received two for separate murders. He remains on Death Row.

    http://www.dispatch.com/content/stor...-sentence.html
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    Convicted Killer Sentenced to Death on Birthday

    On the anniversary of his birth, a convicted murderer has been sentenced to die.

    Caron Montgomery spent the morning of his 38th birthday in a Columbus courtroom, where he was formally sentenced to death row for three 2009 murders.

    Montgomery was convicted of killing his former girlfriend, Tia Hendricks, their two-year-old son Tyron, and Hendricks's 10-year-old daughter Tahlia. The victims were found stabbed to death on Thanksgiving Day, 2009.

    Tuesday's formal hearing came after a three-judge panel issued a death penalty verdict last week after Montgomery pleaded guilty to the murders.

    At the Tuesday hearing, the victims' family members were given the opportunity to address the man convicted of murdering their loved ones.

    "How fitting that on this day, your birthday, that state of Ohio has decided that you should die," Hendricks's aunt Jerry Lynn Hayes said to Montgomery. "May you and your soul burn in Hell."

    Montgomery's gaze remained fixed on the floor as his victims' family members spoke.

    Court records show that Montgomery had been convicted of domestic violence before the murders. He is expected to appeal the death sentence.

    http://www.abc6onyourside.com/shared...id_17573.shtml
    An uninformed opponent is a dangerous opponent.

    "Y'all be makin shit up" ~ Markeith Loyd

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    In today's Ohio Supreme Court opinions,

    2012-1212. State v. Montgomery.
    Franklin C.P. No. 10-CR-7125


    This cause is pending before the court as an appeal from the Court of Common Pleas of Franklin County.
    Upon consideration of appellant’s motion for stay of execution set for May 22, 2013, it is ordered by the court that the motion is granted pending final disposition of this appeal.
    An uninformed opponent is a dangerous opponent.

    "Y'all be makin shit up" ~ Markeith Loyd

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    On Wednesday January 27, 2016 the Ohio Supreme Court will hear oral argument on direct appeal in Caron E. Montgomery v. State of Ohio, Case no. 2012-1212 you may view the hearing live stream here

    Death Penalty

    Franklin County Common Pleas Court

    A three-judge panel has sentenced Caron E. Montgomery to death for the murders in Columbus of his former girlfriend Tia Hendricks, their 2-year-old son, and Hendricks’ 10-year-old daughter. The Ohio Supreme Court is considering the appeal of his case and the death sentence.

    Case Background

    Family and friends of Hendricks contacted the rental office for the apartment where she lived in November 2010 because she hadn’t shown up for Thanksgiving dinner and didn’t arrive at work the next day. Columbus police officers were called, and they entered Hendricks’ apartment on the afternoon of Nov. 26. They discovered Hendricks and her two children, Tahlia and Tyron, dead from multiple stab wounds. Montgomery was found lying alive on a bed in a separate room.

    Montgomery was charged with the murder of Hendricks, the aggravated murders (four counts) of the children, and domestic violence. The aggravated murder charges included various specifications, which require a greater penalty if certain facts are proven. In this case, the specifications allowed for the death penalty.

    After waiving his right to a jury trial, Montgomery entered a guilty plea in May 2012 to all the counts and specifications. Evidence was then presented to the three-judge panel hearing his case. The panel found Montgomery guilty and, following a mitigation hearing, imposed a death sentence.

    Montgomery’s attorneys present seven arguments in the appeal to the Supreme Court and ask that the convictions be overturned, the death sentence be set aside, or a new trial be held.

    Montgomery’s Assertions

    Montgomery’s attorneys make several claims in the brief to the Court:

    They argue the state didn’t offer sufficient evidence to prove the specification that Montgomery caused Tahlia’s death to avoid detection, apprehension, trial, or punishment. The state had to show that Montgomery killed Tia, the mother, first and then murdered Tahlia to escape detection, they maintain. In their view, none of the evidence demonstrated his reason for killing Tahlia or the order of the deaths. Thus, they reason, Montgomery wasn’t proven guilty beyond a reasonable doubt of the aggravated murder charge that included this specification.

    When Montgomery waived his right to a jury trial and at the time he pled guilty, the trial court judge assessed his competence in making the decisions. The judge asked whether Montgomery was under the influence of drugs, and he said he was taking prescription medications for depression.

    Montgomery’s attorneys assert that a medical expert should’ve evaluated Montgomery to determine any potential detrimental effects from the medication on his decisions to waive his rights, especially given that the death penalty was a possibility.

    They also believe that Montgomery’s trial lawyers didn’t effectively represent him. Specifically, they claim, his lawyers should’ve objected because a detective, rather than a medical expert, testified to the results of the autopsies; his lawyers shouldn’t have allowed Montgomery to plead guilty without some guarantee of a life, rather than a death, sentence; they didn’t “zealously advocat[e] for their client” by pursuing a question whether one of the judges was sleeping during part of the proceedings; they didn’t have their experts testify regarding Montgomery’s difficult and dysfunctional childhood, including an alleged gang rape when he was a young boy; and other issues. Taking these “deficiencies” together, Montgomery’s attorneys conclude that the outcome of the trial wasn’t reliable.

    State’s Position

    Attorneys from the Franklin County Prosecutor’s Office counter with these defenses:

    They contend they didn’t need to prove Montgomery caused Tahlia’s death to avoid detection, apprehension, trial, or punishment because the defendant pled guilty to the specification. Citing U.S. Supreme Court cases, they argue a guilty plea removes the question of factual guilt and the need for the prosecution to offer proof. R.C. 2945.06 and Criminal Rule 11 mandate a determination whether the accused is guilty of aggravated murder or some lesser offense, but don’t demand separate proof for any related specifications, they assert. In addition, they maintain that proving Montgomery murdered Tahlia to escape detection doesn’t hinge on the order of the deaths.

    On the question of Montgomery’s competence, they point to a 2006 Ohio Supreme Court decision (State v. Ketterer) in which the Court explained that taking prescribed medications doesn’t necessarily negate a defendant’s competency to stand trial. In the view of the state, the dialogue Montgomery and his lawyers had with the court show he was capable of understanding the proceedings and knowingly, voluntarily, and intelligently waived his right to a jury trial and made a decision to plead guilty.

    The test for ineffective assistance of counsel isn’t met in this case, the prosecutors also contend. They maintain Montgomery’s guilty plea eliminated his right to confront witnesses, so the detective’s testimony wasn’t problematic. There is no information in the record about Montgomery’s lawyers’ discussions with him about the guilty plea, their trial strategy, or his ultimate decision that supports an error on his lawyers’ part, the prosecutors note. They also argue that the trial lawyers properly raised the issue that one judge may have been sleeping but the presiding judge rejected it, that failing to have the experts testify about Montgomery’s childhood could have been a reasonable strategy, and that the other claims lack merit as well.

    - Kathleen Maloney

    Docket entries, memoranda, briefs (including amicus briefs), and other information about this case may be accessed through the case docket.

    Contacts

    Representing Caron E. Montgomery from the Ohio Public Defender’s Office: Kathryn Sandford, 614.466.5394

    Representing the State of Ohio from the Franklin County Prosecutor’s Office: Steven Taylor, 614.525.3555
    An uninformed opponent is a dangerous opponent.

    "Y'all be makin shit up" ~ Markeith Loyd

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